EBSA Enforcement Priorities

Jun 29, 2026

Oversight of ERISA retirement plans, like 401ks, happens through the Department of Labor’s Employee Benefits Security Administration (EBSA). It’s wise for retirement plan sponsors to stay up to speed on the enforcement priorities at EBSA. That’s especially true now, as EBSA has rolled out “the most significant changes in recent years.” Here’s a run down on key areas of plan oversight for sponsors to dig into.

Rising To The Top: Cybersecurity

“To ensure an even-handed, responsive approach to investigations to produce the best results for American workers, retirees, and their families,” EBSA’s updated enforcement priorities reflect an intention to “be more efficient, responsive, and prioritize serious misconduct rather than minor foot faults.” The number one issue on the new priority list, is cybersecurity, with EBSA underscoring the critical importance of protecting the money and data of plan participants:

This project addresses the growing risks cyberattacks pose to employee benefit plans and participants. It promotes best cybersecurity practices for plans and service providers to protect sensitive information and reduce the risk of fraud and financial loss. As part of its investigations, EBSA reviews how plans and service providers protect their systems and data from cyber threats. This project builds on cybersecurity guidance issued in 2021 and updated in 2024.

Following cybersecurity, EBSA’s other priorities for enforcement, which apply to both employer sponsored retirement and health plans include:

Cybersecurity
Barriers to mental health and substance use disorder benefits
Protecting benefit distributions
Retirement asset management
Surprise billing
Criminal abuse of contributory benefit plans

Along with the new enforcement priorities, Assistant Secretary for Employee Benefits Security, Daniel Aronowitz has emphasized: “We are committed to conducting our investigations in a timely and fair manner, ensuring both compliance outcomes and recoveries that benefit participants and beneficiaries….We urge plans and service providers under review to respond promptly to our requests for information and findings, which will aid us in resolving issues efficiently and effectively.”

For a complete overview of EBSA’s enforcement work, including the ERISA Civil Violations and Criminal Investigation Provisions that all plan sponsors should be aware of, visit EBSA Enforcement.

Guarding Against The Biggest Risks

As ERISA attorney Ary Rosenbaum advises, plan sponsors need to pay attention to the updated EBSA enforcement priorities, not because they create new rules, but because they highlight “the areas where regulators believe the biggest risks currently exist.” Accordingly, Rosenbaum encourages plan sponsors to consider what might require more due diligence on their part:

Enforcement priorities change, but fiduciary responsibilities remain the same. Sponsors should regularly review cybersecurity protections, investment monitoring processes, and procedures for locating participants and paying benefits.

The DOL has essentially told the retirement plan community where it plans to look next. Plan sponsors would be wise to make sure everything is in order before investigators come knocking.

Steering forward, retirement plan sponsors need to be ever more mindful of their fiduciary obligation to mitigate cybersecurity threats to plan assets and data, and this includes thorough oversight of all third party security protocols. Plan sponsors should take the time to fully understand and act on the cybersecurity guidance from EBSA, which has these three parts:

For further support on tightening up cybersecurity efforts, consider the free resources available at the SPARK Institute.

Risk Mitigation Strategies for Retirement Plan Sponsors

Retirement plan sponsors can be held personally liable for errors or alleged oversights in how the plan is run, and that liability cannot be handed off to a third party, even when you use a pension professional or TPA. Oversights, under ERISA standards, can include failure to implement a proper response plan in the aftermath of even a minor cybersecurity breach. In other words, a cyber incident can become a fiduciary incident, with sponsors personally liable for the costs associated with defense and penalties.

An ERISA fidelity bond protects the retirement plan from acts of fraud or theft, but it does not protect the plan sponsor. That is what fiduciary liability insurance (FLI) is for: it covers legal defense costs and penalties in the event of errors, oversights and allegations.

Only Colonial Surety Company solves the complex puzzle of ERISA compliance, liability and protection by putting three essential coverages into one seamless, affordable bundle for retirement plan sponsors:

ERISA Fidelity Bond: Fulfills your federal mandate to protect plan funds from dishonesty. (Colonial Surety is a direct, Treasury-Listed bond writer).
Fiduciary Liability Insurance (FLI): Shields your personal assets, covering up to $1,000,000 in legal defense costs and penalties for administrative errors or oversight omissions.
Complimentary Cyber Liability Insurance: Provides $50k of vital protection for the plan and company against regulatory actions following a data breach and directly addresses the DOL’s response plan recommendations.

Protect your retirement plan, your business, and your personal assets in one smart move: bundle your ERISA Bond with Fiduciary and Cyber Liability Insurance at Colonial Surety Company.

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